[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Rules and Regulations]
[Pages 23393-23399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10826]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD08-03-014]
RIN 1625-AA11


Regulated Navigation Area; Reporting Requirements for Barges 
Loaded With Certain Dangerous Cargoes, Inland Rivers, Eighth Coast 
Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area 
(RNA) within all inland rivers of the Eighth Coast Guard District. This 
RNA applies to barges loaded with certain dangerous cargoes (CDCs) 
operating on inland rivers and requires them to report their position 
and other information to the Inland River Vessel Movement Center 
(IRVMC). This action is necessary to ensure public safety, prevent 
sabotage or terrorist acts, and facilitate the efforts of emergency 
services and law enforcement officers responding to terrorist attacks.

DATES: This rule is effective on April 16, 2003 through October 31, 
2003.

ADDRESSES: You may mail comments and related material to Commander, 
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine 
Street, New Orleans LA 70130. Commander, Eighth Coast Guard District 
(m) maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, are part of docket 
CGD08-03-014 and are available for inspection or copying at Commander, 
Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine 
Street, New Orleans LA 70130 between 8 a.m. and 3:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Commander (CDR) Jerry Torok or 
Lieutenant (LT) Karrie Trebbe, Project Managers for the Eighth Coast 
Guard District Commander, Hale Boggs Federal Bldg., 501 Magazine 
Street, New Orleans LA 70130, telephone (504) 589-6271.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a NPRM, and under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. The Maritime Administration 
(MARAD) recently issued MARAD Advisory 03-03 (182100Z MAR 03) informing 
operators of maritime interests of increased threat possibilities to 
vessels and facilities and a higher risk of terrorist attacks to the 
transportation community in the United States. Further, national 
security and intelligence officials warn that future terrorist attacks 
against United States interests are likely. The measures contemplated 
by the rule are intended to prevent waterborne acts of sabotage or 
terrorism, which terrorists have demonstrated a capability to carry 
out. Any delay in making this regulation effective would be contrary to 
the public interest because immediate action is necessary to protect 
U.S. maritime transportation interests against the possible loss of 
life, injury, or damage to property.

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. We encourage comments on whether a 
Regulated Navigation Area is the appropriate tool for a long-term 
solution to the security risk at issue. If you do so, please include 
your name and address, identify the docket number for this rulemaking 
[CGD08-03-014], indicate the specific section of this document to which 
each comment applies, and give the reason for each comment. Please 
submit all comments and related material in an unbound format, no 
larger than 81/2 by 11 inches, suitable for copying. If you would like 
to know they reached us, please enclose a stamped, self-addressed 
postcard or envelope. We will consider all comments and material 
received during the comment period. We may change this rule in view of 
them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander, Eighth Coast Guard 
District (m) at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    Terrorist attacks on September 11, 2001 inflicted catastrophic 
human

[[Page 23394]]

casualties and property damage. These attacks highlighted the 
terrorists' ability and desire to utilize multiple means in different 
geographic areas to increase their opportunities to successfully carry 
out their mission, thereby maximizing destruction using multiple 
terrorist acts.
    Since the September 11, 2001 terrorist attacks on the World Trade 
Center in New York, the Pentagon in Arlington, Virginia and Flight 93, 
the Federal Bureau of Investigation (FBI) has issued several warnings 
concerning the potential for additional terrorist attacks within the 
United States. The threat of maritime attacks is real as evidenced by 
the October 2002 attack on a tank vessel off the coast of Yemen and the 
prior attack on the USS COLE. These attacks manifest a continuing 
threat to U.S. assets as described in the President's finding in 
Executive Order 13273 of August 21, 2002 (67 FR 56215, September 3, 
2002) that the security of the U.S. is endangered by the September 11, 
2001 attacks and that such disturbances continue to endanger the 
international relations of the United States. See also Continuation of 
the National Emergency with Respect to Certain Terrorist Attacks, (67 
FR 58317, September 13, 2002); Continuation of the National Emergency 
With Respect To Persons Who Commit, Threaten To Commit, Or Support 
Terrorism, (67 FR 59447, September 20, 2002). The U.S. Maritime 
Administration (MARAD) in Advisory 02-07 advised U.S. shipping 
interests to maintain a heightened state of alert against possible 
terrorist attacks. MARAD more recently issued Advisory 03-03 informing 
operators of maritime interests of increased threat possibilities to 
vessels and facilities and a higher risk of terrorist attacks to the 
transportation community in the United States. The ongoing hostilities 
in Afghanistan and Iraq have made it prudent for U.S. ports and 
waterways to be on a higher state of alert because the Al Qaeda 
organization and other similar organizations have declared an ongoing 
intention to conduct armed attacks on U.S. interests worldwide.
    Therefore, the Coast Guard is establishing an RNA within the inland 
rivers of the Eighth Coast Guard District in order to safeguard 
vessels, ports and waterfront facilities from sabotage or terrorist 
acts. This RNA applies to barges loaded with CDCs operating on the 
Mississippi River above mile 235.0, Above Head of Passes, including all 
its tributaries; the Atchafalaya River above mile 55.0 including the 
Red River; the Ohio River and all its tributaries; and the Tennessee 
River from its confluence with the Ohio River to mile zero on the 
Mobile River and all other tributaries between these two rivers. This 
RNA affects vessels that transport CDCs that if used as a weapon of 
terrorism could result in substantial loss of life, property and 
environmental damage, and grave economic consequences. This rulemaking 
requires operators, as defined in this rule, of barges loading or 
loaded with CDCs within the RNA to periodically report their position 
and other specified information to the Inland River Vessel Movement 
Center (IRVMC) for protection against sabotage and terrorist acts.
    If additional information warrants modifying or amending this rule, 
we will revise the rule and publish the revision in the Federal 
Register.

Discussion of Rule

    This rule applies to operators of a barge loaded with or loading 
CDCs, within the regulated area. This rule does not apply to operators 
of ``empty'' barges within the RNA. The terms barge, certain dangerous 
cargoes (CDCs), downbound, CDC barge, Eighth Coast Guard District, 
empty, final destination, gas free, loaded, operator, and upbound are 
defined in the regulatory section of this rule. The operator, of a CDC 
barge(s) loaded with or being loaded with CDCs must report to the IRVMC 
specific information under the following conditions: 4 hours prior to 
loading a barge(s) with CDCs; 4 hours prior to dropping off a CDC 
barge(s) in a fleeting area; 4 hours prior to picking up a CDC barge(s) 
from a fleeting area; 4 hours prior to getting underway with a CDC 
barge(s); upon point of entry into the RNA with a CDC barge(s); at 
designated reporting points in Table 165.T08-019(f); when the estimated 
time of arrival (ETA) to a reporting point varies by 6 hours from the 
previously reported ETA; any significant deviation from previously 
reported information; upon arrival at the ``final'' destination with a 
CDC barge(s), if within the RNA; upon departing the RNA with a CDC 
barge(s); and when directed by the IRVMC.
    Each report to the IRVMC must contain all the information items 
specified in Table 165.T08-019(g). Reports must be made to the IRVMC, 
either by telephone toll free to (866) 442-6089, by fax toll free to 
(866) 442-6107, or by e-mail to [email protected].
    Deviation from this rule is prohibited unless specifically 
authorized by the Commander, Eighth Coast Guard District or designated 
representatives. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security. The operational reporting requirements of the RNA are 
minimal, transitory and necessary to provide immediate, improved 
security for the public, vessels, and U.S. ports and waterways. The 
requirements do not alter normal barge cargo loading operations or 
transits. Additionally, this RNA is temporary in nature and the Coast 
Guard may issue a NPRM as it considers whether to make this rule 
permanent. The minimal hardships that may be experienced by persons or 
vessels, as a result of this rule, are necessary to the national 
interest in protecting the public, vessels, and vessel crews from the 
devastating consequences of acts of terrorism, and from sabotage or 
other subversive acts, accidents, or other causes of a similar nature.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: the operators of barges intending to load CDCs 
and transit on inland waterways with CDC barge(s) within the Eighth 
Coast Guard District. This RNA will not have a significant economic 
impact on a substantial number of small entities because this rule does 
not require any alteration of barge operations or transits. The 
operational communications required by this RNA are transitory in 
nature and do not require operators to obtain new equipment.
    If you are a small business entity and are significantly affected 
by the regulation please contact LT Karrie C.

[[Page 23395]]

Trebbe, Project Manager for Eighth Coast Guard District Commander, Hale 
Boggs Federal Bldg., 501 Magazine Street, New Orleans LA 70130, 
telephone (504) 589-6271.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], we offered to 
assist small entities in understanding the rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
Small businesses may send comments on the actions of Federal employees 
who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comments on actions by employees of the Coast Guard, call 1-888-REG-
FAIR (1-888-734-3247).

Collection of Information

    This rule calls for new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined in 5 
CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collection, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    Title: Regulated Navigation Areas; Reporting Requirements for 
Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth and 
Ninth Coast Guard Districts.
    OMB Control Number: 1625-0105.
    Summary of the Collection of Information: The Coast Guard requires 
position and intended movement reporting, and cargo transfer and 
fleeting operations reporting, from barges carrying CDCs in the inland 
rivers within the Eighth and Ninth Coast Guard Districts. This rule 
will amend 33 CFR part 165 to temporarily require:
    Owners and operators of covered barges must report the following 
information via toll free telephone, toll free fax, or email:
    a. Name of barge and towboat;
    b. Name of loading, fleeting, and terminal facility;
    c. Estimated time of arrival (ETA) at loading, fleeting and 
terminal facility;
    d. Planned route, including estimated time of departure (ETD) from 
loading, fleeting, and terminal facility;
    e. 4 hours prior to loading covered dangerous cargoes;
    f. 4 hours prior to dropping off a covered barge in a fleeting 
area;
    g. 4 hours prior to picking up a covered barge from a fleeting 
area;
    h. 4 hours prior to getting underway with a covered barge;
    i. At entry into the covered geographical area;
    j. ETA at approximately 148 designated reporting points within the 
covered geographical area;
    k. At any time ETA to a reporting point varies by 6 hours from the 
previously reported ETA;
    l. any significant deviation from previously reported information;
    m. Upon arrival at the ``final'' destination with a covered barge, 
if within the covered geographical area;
    n. Upon departing the covered geographical area; and
    o. When directed by the Coast Guard.
    The temporary changes will be in effect though October 31, 2003.
    Need for Information: To ensure port safety and security and to 
ensure the uninterrupted flow of commerce, the Coast Guard must 
temporarily issue regulations requiring position and intended movement 
reporting, and cargo transfer and fleeting operations reporting, from 
barges carrying CDCs in the inland rivers within the Eighth and Ninth 
Coast Guard Districts.
    Proposed use of Information: This information is required to 
enhance maritime security, control vessel traffic, develop contingency 
plans, and enforce regulations.
    Description of the Respondents: The respondents are owners, agents, 
masters, operators, or persons in charge of barges loaded with certain 
dangerous cargoes operating on the inland rivers located within the 
Eighth and Ninth Coast Guard Districts.
    Number of Respondents: The existing OMB-approved collection number 
of respondents is zero(0). This temporary rule will increase the number 
of respondents by 3,505 to a total of 3,505.
    Frequency of Response: The existing OMB-approved collection annual 
number of responses is zero(0). This temporary rule will increase the 
number of responses by 7,711 to a total of 7,711.
    Burden of Response: The existing OMB-approved collection burden of 
response is zero (0). This temporary rule will increase the burden of 
response by 15 minutes (0.250 hours) to a total of 15 minutes (0.250 
hours).
    Estimate of Total Annual Burden: The existing OMB-approved 
collection total annual burden is zero (0). This temporary rule will 
increase the total annual burden by 1,928 hours to a total of 1,928 
hours.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we submitted a copy of this rule to the Office of Management 
and Budget (OMB) for its review of the collection of information. Due 
to the circumstances surrounding this temporary rule, we asked for 
``emergency processing'' of our request. We received OMB approval for 
the collection of information on April 15, 2003. It is valid through 
October 31, 2003.
    We ask for public comment on the collection of information to help 
us determine how useful the information is; whether it can help us 
perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. We received OMB 
approval for the collection of information on April 15, 2003. It is 
valid through October 31, 2003.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the

[[Page 23396]]

effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1 paragraph (34)(g), of the instruction, from further 
environmental documentation because this rule is not expected to result 
in any significant environmental impact as described in NEPA. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.


0
2. Add temporary Sec.  165.T08-019 to read as follows:


Sec.  165.T08-019  Regulated Navigation Area; Reporting Requirements 
for Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth 
Coast Guard District.

    (a) Regulated Navigation Area. The following waters are a Regulated 
Navigation Area (RNA): Mississippi River above mile 235.0, Above Head 
of Passes, including all its tributaries; the Atchafalaya River above 
mile 55.0 including the Red River; the Ohio River and all its 
tributaries; and the Tennessee River from its confluence with the Ohio 
River to mile zero on the Mobile River and all other tributaries 
between these two rivers.
    (b) Applicability. This section applies to operators of barges 
loading or loaded with certain dangerous cargoes (CDCs) within the 
Regulated Navigation Area. This section does not apply to operators of 
``empty'' CDC barges, as defined in the definitions section.
    (c) Definitions. As used in this section:
    Barge means a non-self propelled vessel engaged in commerce, as set 
out in 33 CFR 160. 204, published February 28, 2003 in Notification of 
Arrival in U.S. Ports, (68 FR 9537, 9544).
    Certain Dangerous Cargoes (CDCs) includes any of the following:
    (1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50, and 
that is in a quantity in excess of 100 metric tons per barge.
    (2) Division 1.5D blasting agents for which a permit is required 
under 49 CFR 176.415 or, for which a permit is required as a condition 
of a Research and Special Programs Administration (RSPA) exemption, and 
that is in a quantity in excess of 100 metric tons per barge.
    (3) Division 2.3 ``poisonous gas'', as listed in 49 CFR 172.101 
that is also a ``material poisonous by inhalation'' as defined in 49 
CFR 171.8, and that is in a quantity in excess of 1 metric ton per 
barge.
    (4) Division 5.1 ``Ammonium Nitrate and Certain Ammonium Nitrate 
Fertilizers'' for which a permit is required under 49 CFR 176.415, or 
for which a permit is required as a condition of a RSPA exemption, and 
that is in a quantity in excess of 100 metric tons per barge.
    (5) A liquid material that has a primary or subsidiary 
classification of Division 6.1 ``poisonous material'' as listed in 49 
CFR 172.101 that is also a ``material poisonous by inhalation'', as 
defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in 
a quantity in excess of 20 metric tons per barge when not in a bulk 
packaging.
    (6) Class 7, ``highway route controlled quantity'' radioactive 
material or ``fissile material, controlled shipment'', as defined in 49 
CFR 173.403.
    (7) Bulk liquefied chlorine gas and Bulk liquefied gas cargo that 
is flammable and/or toxic and carried under 46 CFR 154.7.
    (8) The following bulk liquids:
    (i) Acetone cyanohydrin,
    (ii) Allyl alcohol,
    (iii) Chlorosulfonic acid,
    (iv) Crotonaldehyde,
    (v) Ethylene chlorohydrin,
    (vi) Ethylene dibromide,
    (vii) Methacrylonitrile,
    (viii) Oleum (fuming sulfuric acid), and
    (ix) Propylene Oxide.
    CDC barge means a barge loaded with CDCs.
    Downbound means the tow is traveling with the current.
    Eighth Coast Guard District means the Coast Guard District as set 
out in 33 CFR part 3.40-1.
    Empty means no product and the barge is certified as gas free by a 
marine chemist.
    Final destination means the final destination of the CDC barge(s); 
fleeting area, receiving facility or terminal.
    Gas free means the barge has been certified by a marine chemist to 
be gas free.
    Loaded means the barge is loaded, or containing CDC cargo residue 
and not gas free.

[[Page 23397]]

    Operator means any person, including but not limited to an owner, 
charterer, or contractor, who conducts or is responsible for the 
operation of a barge.
    Upbound means the tow is traveling against the current.
    (d) Effective dates. This section is effective from April 16, 2003 
through October 31, 2003.
    (e) Regulations. (1) The operator of a barge(s) loaded with or 
being loaded with CDCs in the RNA must report to the Inland River 
Vessel Movement Center (IRVMC):
    (i) 4 hours prior to loading a barge(s) with CDCs:
    (ii) 4 hours prior to dropping off a CDC barge(s) at a fleeting 
area;
    (iii) 4 hours prior to picking up a CDC barge(s) from a fleeting 
area;
    (iv) 4 hours prior to getting underway with a CDC barge(s) within 
the RNA;
    (v) upon point of entry into the RNA with a CDC barge(s);
    (vi) at designated reporting points, set forth in Table 165.T08-
019(f), in paragraph (f) of this section;
    (vii) when the estimated time of arrival (ETA) to a reporting point 
varies by 6 hours from the previously reported ETA;
    (viii) any significant deviation from previously reported 
information;
    (ix) upon arrival at a ``final'' destination with a CDC barge(s), 
if arrival is within the RNA;
    (x) upon departing the RNA with a CDC barge(s); and
    (xi) when directed by the IRVMC.
    (2) Each report to the IRVMC must contain all the information items 
specified in Table 165.T08-019(g), in paragraph (g) of this section.
    (3) Reports required by this section must be made to the IRVMC 
either by telephone toll free to (866) 442-6089, by fax toll free to 
(866) 442-6107, or by e-mail to [email protected].
    (4) The general regulations contained in 33 CFR 165.13 apply to 
this section.
    (f) Eighth Coast Guard District inland river reporting points. 
Operators of barges loading or loaded with CDCs must report the 
information required by this section at the reporting points designated 
in Table 165.T08-019(f) to this paragraph.
Table 165.T08-019(f). Eighth Coast Guard District Inland River 
Reporting Points
(1) Lower Mississippi River (LMR) Upbound Reporting Points, Mile Marker 
(M):
    (i) M 235.0 (Checking into RNA)
    (ii) M 310.0
    (iii) M 385.0
    (iv) M 460.0
    (v) M 535.0
    (vi) M 610.0
    (vii) M 700.0
    (viii) M 775.0
    (ix) M 850.0
    (x) M 925.0

(2) Lower Mississippi River (LMR) Downbound Reporting Points, Mile 
Marker (M):
    (i) M 850.0
    (ii) M 775.0
    (iii) M 650.0
    (iv) M 525.0
    (v) M 400.0
    (vi) M 270.0
    (vii) M 235.0 (Checking out of RNA)

(3) Upper Mississippi River (UMR) Upbound Reporting Points: at Mile 
Marker (M) and when Departing Lock & Dam (L&D):
    (i) M 60.0
    (ii) M 145.0
    (iii) L&D 25
    (iv) L&D 21
    (v) L&D 18
    (vi) L&D 14
    (vii) L&D 11
    (viii) L&D 8
    (ix) L&D 4
    (x) L&D 3

(4) Upper Mississippi River (UMR) Downbound Reporting Points, at Mile 
Marker (M) and when Departing Lock & Dam (L&D), unless otherwise 
indicated:
    (i) L&D 3
    (ii) L&D 4
    (iii) L&D 8
    (iv) L&D 11
    (v) L&D 14
    (vi) L&D 18
    (vii) L&D 21
    (viii) L&D 25
    (ix) Upon arriving at Melvin Price L&D
    (x) M 145.0
    (xi) M 20.0

(5) Missouri River (MOR) Upbound Reporting Points, at Mile Marker (M):
    (i) M 30.0
    (ii) M 120.0
    (iii) M 225.0
    (iv) M 325.0
    (v) M 425.0
    (vi) M 525.0
    (vii) M 575.0
    (viii) M 675.0
    (ix) M 730.0

(6) Missouri River (MOR) Downbound Reporting Points, at Mile Marker 
(M):
    (i) M 730.0
    (ii) M 675.0
    (iii) M 550.0
    (iv) M 400.0
    (v) M 225.0
    (vi) M 55.0

(7) Illinois River (ILR) Upbound Reporting Points, at Mile Marker (M) 
and when Departing Lock & Dam (L&D):
    (i) M 0.0
    (ii) New LaGrange L&D
    (iii) M 140.0
    (iv) M 187.2 (Checking out RNA)

(8) Illinois River (ILR) Downbound Reporting Points, at mile marker and 
when Departing Lock & Dam (L&D):
    (i) 187.2 (Checking in RNA)
    (ii) New LaGrange L&D

(9) Ohio River Upbound Reporting Points, at Mile Marker (M) and when 
Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) M 920
    (ii) Upon arriving at John T Meyers L&D
    (iii) M 825.0
    (iv) M 747.0
    (v) M 675.0
    (vi) M 630.0
    (vii) M 557.0
    (viii) M 512.0
    (ix) M 407.0
    (x) Greenup L&D
    (xi) Robert C. Byrd L&D
    (xii) Belleville L&D
    (xiii) Hannibal L&D
    (xiv) Upon arriving at Montgomery L&D

(10) Ohio River Downbound Reporting Points, at Mile Marker (M) and when 
Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) Montgomery L&D
    (ii) Hannibal L&D
    (iii) Belleville L&D
    (iv) Robert C. Bryd L&D
    (v) Greenup L&D
    (vi) Capt Anthony Meldahl L&D
    (vii) M 550.0
    (viii) M 650.0
    (ix) M 750.0
    (x) John T Meyers L&D
    (xi) Upon arriving at Smithland L&D
(11) Allegheny River Upbound:
    (i) Report when departing RNA

(12) Allegheny River Downbound Reporting Point, when Arriving Lock & 
Dam (L&D):
    (i) L&D 4

(13) Monongahela River Upbound:
    (i) No reporting point

(14) Monongahela River Downbound Reporting Point, when Arriving Lock & 
Dam (L&D):
    (i) L&D 4
    (ii) M 24.2

(15) Kanawha River Upbound Reporting Point, when Arriving Lock & Dam 
(L&D):
    (i) Winfield L&D

(16) Kanawha River Downbound Reporting Point, when Departing Lock & Dam 
(L&D):

[[Page 23398]]

    (i) Winfield L&D

(17) Cumberland River Upbound Reporting Points, at Mile Marker (M) and 
when Departing Lock & Dam (L&D):
    (i) Barkley L&D
    (ii) M 125.0

(18) Cumberland River Downbound Reporting Points, at Mile Marker (M) 
and when Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) Upon arriving at the Old Hickory L&D
    (ii) M 125.0
    (iii) Barkley L&D

(19) Tennessee River Upbound Reporting Points, at Mile Marker (M) and 
when Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) Kentucky L&D
    (ii) M 125.0
    (iii) Pickwick Landing L&D
    (iv) General Joe Wheeler L&D
    (v) Gunterville L&D
    (vi) Nickajack L&D
    (vii) Watts Bar L&D
    (viii) Upon arriving at Fort Loudon L&D

(20) Tennessee River Downbound Reporting Points, at Mile Marker (M) and 
when Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) Fort Loudon L&D
    (ii) Watts Bar L&D
    (iii) Upon arriving at Chickamauga L&D
    (iv) Nickajack L&D
    (v) Gunterville L&D
    (vi) General Joe Wheeler L&D
    (vii) Pickwick Landing L&D
    (viii) M 125.0
    (ix) Kentucky L&D

(21) Tennessee-Tombigbee River, Upbound Reporting Points, at Mile 
Marker (M) and when Departing Lock & Dam (L&D):
    (i) Lock D
    (ii) Aberdeen L&D
    (iii) Aliceville L&D
    (iv) M 200.0
    (v) M 100.0 Tombigbee River

(22) Tennessee-Tombigbee River, Downbound Reporting Points, at Mile 
Marker (M) and when Departing Lock & Dam (L&D):
    (i) Coffeeville L&D
    (ii) M 200.0
    (iii) Aliceville L&D
    (iv) Aberdeen L&D
    (v) Lock D

(23) Mobile River, Upbound Reporting Point at Mile Marker (M):
    (i) 0.0 (Checking in RNA)

(24) Mobile River, Downbound Reporting Point at Mile Marker (M):
    (i) 0.0 (Checking out RNA)

(25) Black Warrior River, Upbound Reporting Point when Departing L&D:
    (i) Holt L&D

(26) Black Warrior River, Downbound Reporting Point when Departing L&D:
    (i) Holt L&D

(27) Alabama River, Upbound Reporting Points at Mile Marker (M) and 
when Departing L&D:
    (i) Claiborne L&D
    (ii) M 160.0
    (iii) M 255.0

(28) Alabama River, Downbound Reporting Points when Departing L&D:
    (i) M 255.0
    (ii) M 160.0
    (iii) Claiborne L&D

(29) McClellan-Kerr Arkansas River Navigation System Upbound Reporting 
Points, when Departing Lock & Dam (L&D), unless otherwise indicated:
    (i) L&D 4
    (ii) Upon arriving at David D. Terry L&D
    (iii) L&D 9
    (iv) Ozark-Jeta Taylor L&D
    (v) W.D. Mayo L&D
    (vi) Chouteau L&D

(30) McClellan-Kerr Arkansas River Navigation System Downbound 
Reporting Points, when Departing Lock & Dam (L&D):
    (i) Chouteau L&D
    (ii) W.D. Mayo L&D
    (iii) Ozark-Jeta Taylor L&D
    (iv) L&D 9
    (v) David D. Terry L&D
    (vi) L&D 2

(31) Red River Upbound Reporting Points, Mile Marker and when Departing 
Lock & Dam (L&D):
    (i) L.C. Boggs L&D
    (ii) Lock 3
    (iii) M 180.0

(32) Red River Downbound Reporting Points, when Departing Lock & Dam 
(L&D):
    (i) Lock 3
    (ii) L.C. Boggs L&D

(33) Atchafalaya River, Upbound Reporting Point at Mile Marker (M):
    (i) 55.0 (Checking in RNA)

(34) Atchafalaya River, Downbound Reporting Point at Mile Marker (M):
    (i) 55.0 (Checking out RNA)

    (g) Required information to be reported to the Inland River Vessel 
Movement Center (IRVMC). Operators of barges loading or loaded with 
CDCs must report the information required by this section, as set out 
in Table 165.T08-019(g) to this paragraph.

                      Table 165.T08-019(g). Required Information To Be Reported to the Inland River Vessel Movement Center (IRVMC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Planned
                                                                                                                   route, name
                                                                                                                   and location
                                                 Name and                                             Estimated     of ``final
                                                location of                                            time of    destination''               Estimated
                                               the facility     Name of                Type, name     departure     (fleeting                  time of
                                      24 hr     or terminal     vessel      Barge(s)   and amount     from the        area,      Reporting     arrival
                                     contact     where the    moving the      name    of CDC to be    fleeting      receiving      point      (ETA) to
                                       no.       barge(s)      barge(s)                 loaded or       area,      facility or                  next
                                                  will be                                onboard     facility or    terminal),                reporting
                                                  loaded                                              terminal      including                   point
                                                                                                                    estimated
                                                                                                                     date of
                                                                                                                     arrival
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) 4 hours prior to loading a             X             X   ............         X             X   ............  .............  .........  ............
 barge(s) with CDC................
(2) 4 hours prior to dropping off   .........  ............  ............         X   ............  ............             X   .........  ............
 a CDC barge(s) to a fleeting area
(3) 4 hours prior to picking up a          X   ............            X          X             X             X              X   .........            X
 CDC barge(s) from a fleeting area
(4) 4 hours prior to getting               X   ............            X          X             X   ............             X          X             X
 underway within the RNA..........
(5) Upon point of entry into the           X   ............            X          X             X   ............             X          X             X
 RNA..............................

[[Page 23399]]

 
(6) At designated reporting points  .........  ............            X          X         (\1\)   ............         (\1\)          X             X
 in Table 165.T08-019(f)..........
(7) When ETA to a reporting point   .........  ............            X          X         (\1\)   ............  .............  .........            X
 varies by 6 hours from previously
 reported ETA.....................
(8) Any significant deviation from         X             X             X          X             X             X              X          X             X
 previously reported information..
(9) Upon arrival at destination...  .........  ............            X          X   ............  ............  .............  .........  ............
(10) Upon departing the RNA.......  .........  ............            X          X   ............  ............  .............         X   ............
(11) When directed by the IRVMC...         X             X             X          X             X             X              X          X            X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.

    (h) Deviation from the requirements of this section is prohibited 
unless specifically authorized by the Commander, Eighth Coast Guard 
District or designated representatives. Designated representatives 
include Captains of the Port within the Eighth Coast Guard District.

    Dated: April 16, 2003.
J.W. Stark,
Captain, Coast Guard, Commander, Eighth Coast Guard District, Acting.
[FR Doc. 03-10826 Filed 4-30-03; 9:26 am]
BILLING CODE 4910-15-P